After Apple loosened its App Store guidelines to permit game emulators, the retro game emulator Delta — an app 10 years in the making — hit the top of the App Store’s charts. But the increased attention also brought the threat of legal action, as Adobe targeted Delta for sporting a logo that looked too much like its own.
Huh. To be fair, I can see A on adobe logo but also delta on the delta logo. I think the negative space on the adobe logo makes the A more stand out, but the delta logo isn’t using much of the negative space, hence the delta is more prominent. But I don’t know if that is enough to not be trademark infringement.
I mean, it’s not trademark infringement in the first place, because Delta is in a different trade than Adobe is. Any trademarks Adobe has would only apply to trades they’re active in. Since Adobe doesn’t make emulators, any trademark infringement claim is shaky at best.
The whole point of trademarks is that they’re a mark of your trade. If you’re a plumber with a trademarked logo, you can’t sue a video game company for using your logo. Because it’s a totally different trade, and your trademark doesn’t apply.
Delta just changed the logo because they don’t have a massive legal fund to go up against Adobe’s army of corporate lawyers.